In the summer of
2012, Anne-Marie Slaughter brought national attention to the inequality of
women in the workplace and the possible policy changes that could help women
(and men) balance work and domestic responsibilities. These include more
flexible work schedules, working from home, and maternity/paternity leave. Over
the past few years, workplace policies have become increasingly inflexible,
imposing a burden on many parents, especially working mothers. According to National
Study of Employers, the percentage of companies allowing employees to take
breaks for personal or family responsibilities decreased from 73% in 2005 to
52% in 2012. In addition, the maximum length of leave time for fathers,
adoptive parents, and family members caring for the ill has decreased since
2005.
Today, Vermont is
the only state to have passed a “right to request” amendment, as part of the
“Equal Pay” Law, allowing employees to request flexible schedules at least
twice per year. According to this amendment, the employer must consider the
employee’s request unless it is “inconsistent with business operations.” This
could mean that the schedule would impose “a burden on an employer of
additional costs,” “an inability to reorganize work among existing staff,” and
“a detrimental impact on business quality or business performance,” among other
reasons for rejection of the request. Following suit with this state law, San
Francisco's Board of Supervisors recently passed a city law requiring San
Francisco companies to let employees request flexible schedules.
So what is unique
about Vermont? Why is this the only state to have passed such a bill when no similar
national policy has ever been considered?
The first factor could be the party demographics of the Vermont
General Assembly. As a blue state, it is not surprising to hear that Democrats
make up 63% of the House and 67% of the Senate. In addition, 4% of the House
and 10% of the Senate belong to the Vermont Progressive Party, which situates
in the center-left of the ideological spectrum. But Vermont is not the most
liberal of the 50 states: neighboring state Massachusetts has a state
legislature with 80% Democrats in the House and 90% Democrats in the Senate. So
this is certainly not a simple party affiliation issue.
Furthermore, the roll call vote shows that the party
preferences for this bill are somewhat unclear. In the House, the bill passed
115-22, with 12 legislators absent. The party breakdown of this roll call vote
in the House might suggest it was a partisan issue, as 21 of the 22 who voted nay
are Republican and only one is Democrat. But still, about half of the
Republicans in the House supported the liberal bill. And in the Senate, all 29
Senators voted in favor of the bill, regardless of party affiliation.
Cynthia Browning, the only Democrat to vote against the bill
seems to be further to the right on the ideological spectrum than other
Democrats. Looking at her voting records, she voted against her party on issues
such as same-sex marriage and the legalization of medical marijuana.
This roll call suggests that party affiliation is not the
sole factor influencing the Vermont General Assembly. Perhaps legislators, both
Democrat and Republican, are clustered further to left of the ideological spectrum,
enabling the Assembly to introduce and pass more liberal legislation. Vermont’s
open primary system supports this theory because open primaries are thought to
elect more moderate candidates. Every candidate, either Republican or Democrat,
must appeal to the median voter in Vermont in order to win the primaries and
earn consideration in the general election. With a median voter situated
further to the left of ideological spectrum than the median voter in many other
states, Vermont’s open primaries favor liberal candidates over conservative
candidates, so Republican candidates must campaign with more moderate
platforms, and they cannot vote extremely conservatively, or they will likely
lose their seat in the next election.
The liberal demographics of Vermont, combined with an open
primary election, enable the state to be uniquely liberal in the state
legislature, even though they do not have the largest majority of Democrats in
the General Assembly compared to other liberal states. I believe the open primaries
lead the members of the General Assembly to situate themselves to the left of
the center, and this is what enables liberal legislation, such as the “right to
request” law to pass.
Works Cited: